Maintenance
Querist :
Anonymous
(Querist) 16 December 2011
This query is : Resolved
Dear experts, kindly enlighten me on the following -
While deciding maintenance to wife in matrimonial cases, the net income (after deducting liabilities - rent,EMI etc) is considered.
1). Is the above understanding correct ?
2). Can paying of LIC premiums also be considered as a libility & deducted from the net income ?
thanks !
V R SHROFF
(Expert) 16 December 2011
NO
& NO
Husband can easily take housing and other loans, and contribute maximum in provident fund, and take provident fund loans, EMI for flat and personal loan, etc, and even show –ve income.
So Gross income is considered as Income. Only Compulsory minimum deductions for Legal liability, Like Income Tax and 8.33% PF , and Travelling to job or HRA is allowed. Balance will have to be share with wife & child.
Husband cannot avoid , by playing such tricks.
Court presume, H is Liable to Pay Wife & children, whether he earns or not.
Adv Shroff
16-12-2011
Guest
(Expert) 16 December 2011
the court will consider the net income in hand and not your out standings etc. and moreover it generally depends upon the court.
Guest
(Expert) 16 December 2011
as per the most of the case laws your query is answered affirmatively
Shonee Kapoor
(Expert) 17 December 2011
Your understanding is wrong and it would depend upon the facts of the case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
